Plan would reimburse officers for insurance covering up to US$500,000 in personal liability
The US Immigration and Customs Enforcement is proposing to subsidize liability insurance for state and local police officers who are trained and deputized to enforce federal immigration laws, a move intended to address concerns about the financial risks officers face when carrying out immigration arrests.
As reported by The Associated Press, the proposal is outlined in an ICE planning document published on August 14. The agency is considering hiring a contractor to support its partnerships with local police departments under section 287(g) of a 1996 immigration law, including by arranging insurance coverage and processing reimbursements.
Under the proposed program, participating officers would purchase insurance providing up to US$500,000 in personal liability coverage. The policies would typically cover legal fees, settlements and judgments. ICE would reimburse officers up to US$250 annually, which the agency estimates would roughly cover the cost of the insurance.
The proposal comes as ICE’s partnerships with local law enforcement agencies have expanded sharply during United States President Donald Trump’s second term, AP News reported. Nearly 1,600 agencies in 32 states now participate in ICE’s task force model, under which trained local officers can interrogate, arrest and charge people suspected of being unlawfully in the United States.
The number of arrests made through those partnerships has also increased. According to the latest ICE data provided to the University of California Berkeley’s Deportation Data Project, such arrests averaged about 3,000 per month during the first two months of 2026, compared with a monthly average of 250 in 2024 under former US President Joe Biden.
Local departments and officers have raised concerns about potential civil liability arising from immigration enforcement. Those concerns include claims involving excessive use of force, wrongful arrest and unlawful search and seizure, particularly where existing local insurance policies do not cover federal immigration work.
In Pennsylvania, for example, the state’s risk pool recently excluded “proactive immigration enforcement activities” from coverage. Butler County Sheriff Michael Slupe said he obtained separate coverage for 13 deputies participating in the program at an annual cost of US$20,000.
David Bier, director of immigration studies at the Cato Institute, criticized the proposal, saying it could further reduce the risk of personal accountability for officers accused of violating constitutional rights.
Justin Smith, executive director of the National Sheriffs’ Association, said the proposal appeared promising. He said liability concerns have contributed to some sheriffs’ reluctance to participate and that departments already involved in the program have faced legal claims connected to immigration enforcement.
ICE’s agreements state that participating local departments are responsible for liability costs but describe officers performing authorized immigration functions as acting under federal authority. The agreements also allow officers facing civil lawsuits to request representation from the United States Department of Justice, although the department makes the final decision.
